20-3205. Privacy
Except as otherwise provided by law, a provider, broker, insurance company, insurance producer or any other person with actual knowledge of an insured's identity shall not disclose the identity of an insured or any information that there is a reasonable basis to believe could be used to identify the insured or the insured's financial or medical information to any other person unless the disclosure is one of the following:
1. Necessary to effect a life settlement contract between the owner and a provider and the owner and insured have provided prior written consent to the disclosure.
2. Necessary to effect the sale of life settlement contracts or interests in life settlement contracts as investments if the sale is conducted pursuant to applicable state and federal securities law and the owner and the insured have both provided prior written consent to the disclosure.
3. Provided in response to an investigation or examination by the director or any other state or federal agency.
4. A term or condition to the transfer of a policy by one provider to another provider, in which case the receiving provider shall be required to comply with all applicable laws regarding the confidentiality of medical information.
5. Necessary to allow the provider or broker or the provider's or broker's authorized representatives to make contacts for the purpose of determining health status. For the purposes of this paragraph, authorized representative does not include any person who has or may have any financial interest in the settlement contract other than a provider or licensed broker. Authorized representatives shall agree in writing to adhere to all applicable confidentiality and privacy laws.
6. Required to purchase stop loss coverage.
Section: Previous 20-3153 20-3154 20-3155 20-3201 20-3202 20-3203 20-3204 20-3205 20-3206 20-3207 20-3208 20-3209 20-3210 20-3211 20-3212 NextLast modified: October 13, 2016